Court Finds Petition Lacking Seriousness and Upholds Compliance with Procedural Rules
In a significant ruling, the Allahabad High Court, Lucknow Bench, dismissed a writ petition filed by Faishal Beg challenging a show cause notice issued under Section 3 of The Uttar Pradesh Control of Goondas Act, 1970. The bench, comprising Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra, found that the petitioner failed to demonstrate the date of service of the notice and did not provide any explanation to the notice as required by law.
The petitioner, represented by counsel Sajjad Husain, argued that the notice was issued without jurisdiction and in violation of Rule 3 of The Uttar Pradesh Control of Goondas Rules, 1970. The petitioner relied on the precedent set by the Full Bench decision in Ramji Pandey v. State of Uttar Pradesh, arguing that the notice did not contain specific allegations but merely referenced FIRs, thus rendering it invalid.
However, the court observed that the show cause notice in question contained detailed allegations regarding the petitioner's criminal acts and reputation, distinguishing it from the Ramji Pandey case. The court emphasized that the notice adhered to Rule 3(1) of The Uttar Pradesh Control of Goondas Rules, 1970, which mandates that action under the Act can only be initiated based on written information from the Superintendent of Police or two respectable citizens of the locality.
The court noted that the information concerning the petitioner's criminal antecedents was duly provided by the Superintendent of Police, Unnao, in compliance with the procedural requirements. Furthermore, the court highlighted the petitioner's delay of over 100 days in filing the writ petition without indicating the date of service of the notice, reflecting a lack of seriousness and alertness.
In its judgment, the court held that the petitioner had not demonstrated any valid grounds to challenge the notice and that the procedural compliance with the Goondas Act and related rules was duly followed. The court dismissed the writ petition as misconceived and lacking merit, reiterating the importance of adhering to procedural norms and timelines in legal challenges.
Bottom line:-
A show cause notice issued under Section 3 of The Uttar Pradesh Control of Goondas Act, 1970, cannot be challenged in a writ petition without indicating the date of service of notice and without filing an explanation to the notice. The notice issued must comply with Rule 3(1) of The Uttar Pradesh Control of Goondas Rules, 1970, and adhere to the principles laid down by the Full Bench of the High Court in Re: Ramji Pandey v. State of Uttar Pradesh, 1981 SCC Online All 305.
Statutory provision(s):
- Uttar Pradesh Control of Goondas Act, 1970, Section 3
- Uttar Pradesh Control of Goondas Rules, 1970, Rule 3(1)
Faishal Beg v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2945163
